It was not always easy to find a competent authority to perform the ceremony. A justice in McLean County lived by the bank of a river, and his services were sometimes required by impatient lovers on the other bank when the waters were too torrential to cross. In such cases, being a conscientious man, he always insisted that they should ride into the stream far enough for him to discern their features, holding torches to their faces by night and by storm. The wooing of those days was prompt and practical. There was no time for the gradual approaches of an idler and more conventional age. It is related of one Stout, one of the legendary Nimrods of Illinois, who was well and frequently married, that he had one unfailing formula of courtship. He always promised the ladies whose hearts he was besieging that "they should live in the timber where they could pick up their own firewood."
Theft was almost unknown; property, being so hard to get, was jealously guarded, as we have already noticed in speaking of the settlement of Kentucky. The pioneers of Illinois brought with them the same rigid notions of honesty which their environment maintained. A man in Macoupin County left his wagon, loaded with corn, stuck in the prairie mud for two weeks near a frequented road. When he returned he found some of his corn gone, but there was money enough tied in the sacks to pay for what was taken. Men carrying bags of silver from the towns of Illinois to St. Louis rather made a display of it, as it enhanced their own importance, and there was no fear of robbery. There were of course no locks on the cabin doors, and the early merchants sometimes left their stores unprotected for days together when they went to the nearest city to replenish their stock. Of course there were rare exceptions to this rule, but a single theft alarmed and excited a whole neighborhood. When a crime was traced home, the family of the criminal were generally obliged to remove.
[Sidenote: N.W. Edwards, "Life and Times of Ninian Edwards," p. 163.]
There were still, even so late as the time to which we are referring, two alien elements in the population of the State—the French and the Indians. The French settlements about Kaskaskia retained much of their national character, and the pioneers from the South who visited them or settled among them never ceased to wonder at their gayety, their peaceable industry and enterprise, and their domestic affection, which they did not care to dissemble and conceal like their shy and reticent neighbors. It was a daily spectacle, which never lost its strangeness for the Tennesseeans and Kentuckians, to see the Frenchman returning from his work greeted by his wife and children with embraces of welcome "at the gate of his door-yard, and in view of all the villagers." The natural and kindly fraternization of the Frenchmen with the Indians was also a cause of wonder to the Americans. The friendly intercourse between them, and their occasional intermarriages, seemed little short of monstrous to the ferocious exclusiveness of the Anglo-Saxon. [Footnote: Michelet notices this exclusiveness of the English, and inveighs against it in his most lyric style. "Crime contre la nature! Crime contre l'humanite! Il sera expie par la sterilite de l'esprit.">[ The Indians in the central part of Illinois cut very little figure in the reminiscences of the pioneers; they occupied much the same relation to them as the tramp to the housewife of to-day. The Winnebago war in 1827 and the Black Hawk war in 1831 disturbed only the northern portion of the State. A few scattered and vagrant lodges of Pottawatomies and Kickapoos were all the pioneers of Sangamon and the neighboring counties ever met. They were spared the heroic struggle of the advance-guard of civilization in other States. A woman was sometimes alarmed by a visit from a drunken savage; poultry and pigs occasionally disappeared when they were in the neighborhood; but life was not darkened by the constant menace of massacre. A few years earlier, indeed, the relations of the two races had been more strained, as may be inferred from an act passed by the territorial Legislature in 1814, offering a reward of fifty dollars to any citizen or ranger who should kill or take any depredating Indian. As only two dollars was paid for killing a wolf, it is easy to see how the pioneers regarded the forest folk in point of relative noxiousness. But ten years later a handful only of the Kickapoos remained in Sangamon County, the specter of the vanished people. A chief named Machina came one day to a family who were clearing a piece of timber, and issued an order of eviction in these words: "Too much come white man. T'other side Sangamon." He threw a handful of dried leaves in the air to show how he would scatter the pale faces, but he never fulfilled his threats further than to come in occasionally and ask for a drink of whisky. That such trivial details are still related, only shows how barren of incident was the life of these obscure founders of a great empire. Any subject of conversation, any cause of sensation, was a godsend. When Vannoy murdered his wife in Springfield, whole families put on their best clothes and drove fifty miles through bottomless mud and swollen rivers to see him hanged.
[Sidenote: Power, "Early Settlers of Sangamon County," p. 88.]
It is curious to see how naturally in such a state of things the fabric of political society developed itself from its germ. The county of Sangamon was called by an act of the Legislature in 1821 out of a verdant solitude of more than a million acres, inhabited by a few families. An election for county commissioners was ordered; three men were chosen; they came together at the cabin of John Kelly, at Spring Creek. He was a roving bachelor from North Carolina, devoted to the chase, who had built this hut three years before on the margin of a green-bordered rivulet, where the deer passed by in hundreds, going in the morning from the shady banks of the Sangamon to feed on the rich green grass of the prairie, and returning in the twilight. He was so delighted with this hunters' paradise that he sent for his brothers to join him. They came and brought their friends, so it happened that in this immense county, several thousand square miles in extent, the settlement of John Kelly at Spring Creek was the only place where there was shelter for the commissioners; thus it became the temporary county-seat, duly described in the official report of the commissioners as "a certain point in the prairie near John Kelly's field, on the waters of Spring Creek, at a stake marked Z and D (the initials of the commissioners), to be the temporary seat of justice for said county; and we do further agree that the said county-seat be called and known by the name of Springfield." In this manner the future capital received that hackneyed title, when the distinctive and musical name of Sangamon was ready to their hands. The same day they agreed with John Kelly to build them a court-house, for which they paid him forty-two dollars and fifty cents. In twenty-four days the house was built—one room of rough logs, the jury retiring to any sequestered glade they fancied for their deliberation. They next ordered the building of a jail, which cost just twice as much money as the court-house. Constables and overseers of the poor were appointed, and all the machinery of government prepared for the population which was hourly expected. It was taken for granted that malefactors would come and the constables have employment; and the poor they would have always with them, when once they began to arrive. This was only a temporary arrangement, but when, a year or two later, the time came to fix upon a permanent seat of justice for the county, the resources of the Spring Creek men were equal to the emergency. When the commissioners came to decide on the relative merits of Springfield and another site a few miles away, they led them through brake, through brier, by mud knee-deep and by water-courses so exasperating that the wearied and baffled officials declared they would seek no further, and Springfield became the county-seat for all time; and greater destinies were in store for it through means not wholly dissimilar. Nature had made it merely a pleasant hunting-ground; the craft and the industry of its first settlers made it a capital.
[Sidenote: "History Of Sangamon County," p. 83.]
[Sidenote: "Old Times in McLean County," p. 235.]
[Sidenote: Ford, "History of Illinois," p. 53.]
The courts which were held in these log huts were as rude as might be expected; yet there is evidence that although there was no superfluity of law or of learning, justice was substantially administered. The lawyers came mostly from Kentucky, though an occasional New Englander confronted and lived down the general prejudice against his region and obtained preferment. The profits of the profession were inconceivably small. One early State's Attorney describes his first circuit as a tour of shifts and privations not unlike the wanderings of a mendicant friar. In his first county he received a fee of five dollars for prosecuting the parties to a sanguinary affray. In the next he was equally successful, but barely escaped drowning in Spoon River. In the third there were but two families at the county-seat, and no cases on the docket. Thence he journeyed across a trackless prairie sixty miles, and at Quincy had one case and gained five dollars. In Pike County our much-enduring jurist took no cash, but found a generous sheriff who entertained him without charge. "He was one of nature's noblemen, from Massachusetts," writes the grateful prosecutor. The lawyers in what was called good practice earned less than a street- sweeper to-day. It is related that the famous Stephen A. Douglas once traveled from Springfield to Bloomington and made an extravagant speech, and having gained his case received a fee of five dollars. In such a state of things it was not to be wondered at that the technicalities of law were held in somewhat less veneration than what the pioneer regarded as the essential claims of justice. The infirmities of the jury system gave them less annoyance than they give us. Governor Ford mentions a case where a gang of horse-thieves succeeded in placing one of their confederates upon a jury which was to try them; but he was soon brought to reason by his eleven colleagues making preparations to hang him to the rafters of the jury room. The judges were less hampered by the limitations of their legal lore than by their fears of a loss of popularity as a result of too definite charges in civil suits, or too great severity in criminal cases. They grew very dexterous in avoiding any commitment as to the legal or moral bearings of the questions brought before them. They generally refused to sum up, or to comment upon evidence; when asked by the counsel to give instructions they would say, "Why, gentlemen, the jury understand this case as well as you or I. They will do justice between the parties." One famous judge, who was afterwards governor, when sentencing a murderer, impressed it upon his mind, and wished him to inform his friends, that it was the jury and not the judge who had found him guilty, and then asked him on what day he would like to be hanged. It is needless to say that the bench and bar were not all of this class. There were even at that early day lawyers, and not a few, who had already won reputation in the older States, and whose names are still honored in the profession. Cook, McLean, Edwards, Kane, Thomas, Reynolds, and others, the earliest lawyers of the State, have hardly been since surpassed for learning and ability.